The MBA and the homebuilding industry in the city of Seattle won a decisive victory recently. In the matter of Bendare Dundat v. City of Seattle (Master Builders Intervenor), Judge Barbara Mack issued a decision overturning the City's 'qualifying lot' design review ordinance for being in violation of RCW 82.02.020.

The Court determined that the ordinance imposes direct and indirect costs on projects and developers that are neither reasonably necessary nor the direct result of the proposed development. As the Court stated, "It is hard to fathom how costs and fees could be reasonable and necessary for the smaller project, but not for the first, more impactful project on the adjacent property." Finally, the Court found the city admitted that the ordinance was designed to mitigate collective impacts, not the impact of any individual project—this is the very thing that violates RCW 82.02.020.

The MBA is very happy to have been able to provide financial support to pursuing this matter in court, and the outcome is a collective benefit to developers and builders in Seattle. The MBA will continue to identify ways in which it can work to improve housing affordability within Seattle.

Many businesses will benefit this year from the new 20 percent qualified business income deduction. This deduction applies to "pass-through entities:" partnerships, S-corporations, sole proprietorships, and most LLCs. However, if your taxable income from all sources exceeds $157,500 for an individual or $315,000 for a married couple filing jointly, your 20 percent deduction could be phased out. For these higher-income business owners, the deduction is limited to your share of your most advantageous calculation:

• 50 percent of the W-2 wages your company pays OR
• 2.5 percent of the purchase price of business fixed assets (with some limitations), plus 25 percent of W-2 wages paid.

The above assumes you are not a "Specified Service Trade or Business," but few construction-related companies are.

PRO TIP: If your company files a partnership return, beware the guaranteed income trap. Guaranteed income paid to the partners is not considered pass-through income eligible for the 20 percent deduction. Neither is the S-corp owner's W-2 pay, but at least that counts toward the 50 percent/25 percent W-2 wages in the above calculations, so it can help the owner qualify for the 20 percent deduction.

For more information, consult your CPA. There’s still time for last-minute tax strategies involving owner payroll, paying a spouse, or retroactive S-corp elections, among others.

Brooke Witt is a CPA at Duncan Witt CPA Group PLLC, a Bothell-based accounting firm specializing in tax advice for families and small businesses in Snohomish and King counties looking for someone to trust. For high-quality, comprehensive accounting and tax services, visit their website or reach out to them at 425.501.9000.

By Everett Herald

Brief: The Master Builders Association of King and Snohomish Counties was honored by the National Association of Home Builders Remodelers program with an award for Demonstrating Remodeling Excellence in the Public Relations and Promotion category.